The URL can be used to link to this page

Home My WebLink About2011-06-13 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor * • Mayor Pro Tem JOHN ZEMANEK Councilmember District 3 Councilmember at Large A 0 TOMMY MOSER JOHN BLACK P. Councilmember at Large B v / m Councilmember District 4 MIKE MOSTEIT JAY MARTIN Councilmember District 1 Councilmember District 5 CHUCK ENGELKEN 4,4 MIKE CLAUSEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 13, 2011 The City Council of the City of La Porte met in regular meeting on Monday, June 13, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen, and Martin. Absent: Councilmember Black. Also present were City Manager Ron Bottoms, City Secretary Patrice Fogarty, and Assistant City Attorney Clark Askins. 2. INVOCATION — The Invocation was given by Brian Christen of La Porte Community Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Mike Clausen. 4. PRESENTATIONS /PROCLAMATIONS (a) Office Manager Melisa Boaze provided presentation "Through the Eyes of a 6 Grader Project." There were three Baker 6 Grade Campus students present for the presentation. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) Penny Garcia, 3110 Oaken Ln., La Porte, Texas, addressed City Council regarding what she believes should be changes made to the existing noise ordinance. Ms. Garcia has documentation of noise (low frequency bass) coming from Fairmont Park Church creating a disruption in her home. In addition to the noise, a flag football field is located at the Church adding to the noise nuisance when teams are playing and or practicing flag football. Ms. Garcia has asked the church to move the field 100' away from her fence. Ms. Garcia asked Council to find a solution. 6. CONSENT AGENDA (a) Consider approval or other action of minutes of the May 19, 2011, special meeting and minutes of the May 23, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding an ordinance approving an amendment to the budget for the City of La Porte, Texas, for the period of October 1, 2010 through September 30, 2011 — M. Dolby (c) Consider approval or other action approving an ordinance vacating, abandoning and closing a portion of the alley in Block 327, La Porte, Harris County, Texas — T. Tietjens Page 1 of 5 June 13, 2011, City Council Meeting Minutes (d) Consider approval or other action approving an ordinance vacating, abandoning and closing a portion of the alley in Block 164, La Porte, Harris County, Texas — T. Tietjens (e) Consider approval or other action to enter into contract for construction, striping and signage of bicycle street paths, on Driftwood St. and on East "E" St. — S. Barr (f) Consider approval or other action to enter into contract for construction of Sheet Flow Relief Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions — J. Garza (g) Consider approval or other action authorizing the City Manager to execute Change Order #1 to construct approximately 40 linear feet of 16 -inch diameter water main for 25 Street Water Plant improvements — D. Mick (h) Consider approval or other action of an ordinance amending Chapter 74, "Utilities," Article II, "Industrial Waste," of the Code of Ordinances of the City of La Porte, regulating the discharge of industrial waste into public sewers — D. Mick (i) Consider approval or other action of a resolution authorizing funding for the City of La Porte Industrial Waste Pretreatment Program as approved by the Texas Commission on Environmental Quality — D. Mick Assistant City Attorney Clark Askins read the caption of Ordinance 3354 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 20, 2011; FINDINGTHAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3355 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 327, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16') FOOT WIDE SANITARY SEWER EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3356 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 164, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16') FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3357 AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES, ARTICLE II, "INDUSTRIAL WASTE ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN APPENDIX B OF THE CODE OF ORDINANCES OF THE Page 2 of 5 June 13, 2011, City Council Meeting Minutes CITY OF LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Resolution 2011 -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS AUTHORIZING FUNDING FOR THE CITY OF LA PORTE INDUSTRIAL WASTE PRETREATMENT PROGRAM AS APPROVED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Consent Items B and E were pulled for discussion and comments. Regarding Item B, Councilmember Moser had questions on the location of Park Zone 2. Stephen Barr informed Council that Fairmont Park was the location. Regarding Item E, Councilmember Martin had questions on the amount that was budgeted and requested for the contract. Stephen Barr provided an explanation of the budget estimate process. Councilmember Martin requested this item be voted on separately. Councilmember Engelken moved to approve the Consent Agenda Items A, B, C, D, F, G, H, & I pursuant to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black Councilmember Clausen moved to approve the Consent Agenda Item E pursuant to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Zemanek, Leonard and Engelken Nays: Councilmembers Martin and Moser Absent: Councilmember Black Consent Agenda Item E awarded Quote 1114 to Texacore Construction Specialties for construction, striping and signage for a bicycle path of Driftwood St. and east "E ": St. and a 10% project contingency, for a total requested amount of $55,000. Consent Agenda Item F awarded Bid 11023 to Paskey, Inc. in the amount of $921, 716.09 and further authorizing a 5% contingency of $ 46, 085.80 for a total amount of $967, 801.89 for construction of Sheet Flow Relief Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions. Consent Agenda Item G authorized the City Manager to execute change order # 1 to R &B Group Inc. in the amount of $13,792.08 to install an additional 40 feet of waterline and fittings. 7. Receive Report from La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report from the La Porte Development Corporation Board. Page 3 of 5 June 13, 2011, City Council Meeting Minutes 8. STAFF REPORTS (a) Receive report on Underground Fuel Tanks — D. Wilmore (b) Receive yearly report from Fire Marshal, EMS and Fire Departments Chief Building Official Debbie Wilmore provided a report on Underground Fuel Tanks. The report shows 1702 S. Broadway and 3104 S. Broadway not to have tanks at those locations. 1708 S. Broadway has three tanks at the location. Councilmember Zemanek requested the annual taxes on the property. Ms. Wilmore will provide the annual taxes of the property. Ms. Wilmore reported $97,310.00 as the total valuation of the property and $57,000.00 for the building. Taxes are delinquent for 2009 and 2010. Councilmember Clausen asked if the tank was registered with the TCEQ (Texas Commission on Environmental Quality). Ms. Wilmore reported there is a July 6th deadline for $3,046.00 in penalties. Councilmember Clausen also questioned if the City would be able to remove the tanks. Mayor Rigby directed Ms. Wilmore to contact TCEQ to see if the City would be allowed to remove the tanks. EMS Chief Ray Nolen provided a yearly report for the EMS Department. Mayor Rigby questioned whether the 3`d 4th and 5 outs are due to the City being in contracted areas. Chief Nolen replied that he is unable to determine that. Fire Chief Mike Boaze provided the yearly Fire Suppression report, and Clif Meekins provided the yearly Fire Prevention report for the Fire Department. 9. ADMINISTRATIVE REPORTS — R. Bottoms City Manager Ron Bottoms had no additions to the Administrative Reports. June 20, 2011 — Special Meeting to Canvass the runoff election July 15 -16, 2011 — Newly Elected City Officials' Orientation through TML — Irving, TX 10. COUNCIL COMMENTS — Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policy — Councilmembers Clausen, Martin, Moser, Zemanek, Leonard, Engelken Mosteit and Mayor Rigby. Councilmember Clausen did not have any comments. Councilmember Martin congratulated Dottie Kaminski on being elected into office. Councilmember Moser congratulated Dottie Kaminski on being elected into office and gave his condolences to the Ladd family. Councilmember Zemanek congratulated Dottie Kaminski on being elected into office and gave his condolences to the Ladd family. Councilmember Engelken congratulated Dottie Kaminski on being elected into office. Councilmember Mosteit gave his condolences to the Ladd family and congratulated Dottie Kaminski on being elected into office. Mayor Rigby also Councilmember Engelken congratulated Dottie Kaminski on being elected into office. 11. EXECUTIVE SESSION Notice was given that the City Council will meet in a closed session in accordance with the following provision of the Texas Open Meetings Act: Texas Government Code, Section 551.071(2) — Consultation with City Attorney — discuss legal options for nuisance abatement in La Porte Outlots 623, 624 and 635. Council recessed the regular meeting to convene an executive session at 7:28 p.m. concerning legal options for nuisance abatement in La Porte Outlots 623, 624 and 635. Page 4 of 5 June 13, 2011, City Council Meeting Minutes 12. RECONVENE into regular session and consider action, if any, on items discussed in executive session. Council adjourned the Executive Session at 8:02 p.m. and reconvened the regular session. Council gave staff direction to initiate annexation proceeding against Outlots 623, 624 and 635. 13. ADJOURN There being on further business, at 8:03 p.m., Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, d oll_. ! _ AlrlA, A, Patrice Fogarty, �ir SecrI ary Passed and ..1 : .v--0 on June 27, 2011. /M I A Mayo Lou R. Rig . Page 5 of 5 June 13, 2011, City Council Meeting Minutes